Prabhawati Payeng Mili v. Dr. Bijoya Choudhury and 7 Ors

ORDER Date : 27.01.2023 Heard Mr.J.P. Kachari, the learned counsel appearing on behalf of the applicant. Ms. M.B. Baruah, the learned Legal Aid Counsel appears on behalf of respondent No. 8, Mr. B. Kaushik, the counsel appears on behalf of the 2, 3, 7 and 9. The instant contempt application has been filed alleging violation of the order dated 19/12/2019 passed by this Court in W.P.(C) No. 9393/2019. The order dated 19/12/2019 enclosed as Annexure-1 to the contempt application would show that there was a direction that till the returnable date which was fixed on 14/2/2020 no Page No.# 3/3 family pension in respect to the services rendered by the deceased Prabhat Ali shall be released either to the petitioner or the respondent No. 10 without the leave of the Court. It further appears that on 14/2/2020 the matter was directed to be listed on 16/03/2020 and the interim order passed on 19/12/2019 was directed to continue till the next date. The expression used in the said order dated 14/2/2020 is "interim order passed earlier shall continue till then". Thereafter the record shows that the interim order was not extended although the matter was listed before this Court on 28/5/2020, 18/6/2020, 19/11/2020, 14/12/2020 and 20/01/2021. However, on 9/2/2021 there was an order to the effect that the interim order passed earlier shall continue till the next date of listing. It further appears that thereafter the said interim order has not been extended. A perusal of the entire order sheet of W.P.(C) No. 9393/2019 would show that for the period from 16/3/2020 till 9/2/2021 there was no interim order and during this period on 6/11/2020, the Director of Pension has issued the order by which entitling the respondent No. 8 herein to get the pension. Taking into account the said order dated 6/11/2020 was issued by the Director of Pension at the time when there was no interim order, there cannot be any willful or deliberate violation to the orders dated 19/12/2019 or 14/12/2020. Accordingly this Court is of the opinion that the instant contempt petition is misconceived and accordingly the contempt proceedings stands dropped. It is also relevant to take note of that vide an order dated 27/01/2023 passed in W.P.(C) No. 9393/2019, this Court had held that the respondent No. 8 herein would be entitled to the family pension in terms with the Assam Services(Pension) Rules 1969 . This is another reason for which the instant contempt proceedings stands dropped. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010307252019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooooooCont.Cas(C)/417/2021 PRABHAWATIoPAYENGoMILI W/OoLATEoPRABHAToMILI oR/OoBATIMARI oP.O.oANDoP.S.oKAMALABARI oDIST.oMAJULI oASSAM oPINo785106 oVERSUS 1.oDR.oBIJOYAoCHOUDHURYoANDo7oORS DIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATIo19 2:PRITHWISHoKUMARoCHAKI DIRECTORoOFoPENSION oASSAM oHOUSEFEDoCOMPLEX oDISPUR oGUWAHATIo06 o3:GULKARIoLAL oACCOUNTANToGENERALo(AoANDoE)oMAIDAMoGAON oKRISHNAPUR oBELTOLA oGUWAHATIo28 o4:BIKRAMoKAIRI oDEPUTYoCOMMISSIONER oMAJULI oDIST.oMAJULI oASSAM. o5:NARAHARIoGOHAIN Page No.# 2/3 DEPUTY INSPECTOR OF SCHOOLS KAMALABARI MAJULI ASSAM PIN 785106 6:JAYDEV RAJAT CIRCLE OFFICER KAMALABARI MAJULI ASSAM PIN 785106 7:BIPUL BORPHUKAN BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) KAMALABARI MAJULI ASSAM PIN 785106 8:NIRADA DOLEY MILI W/O LATE PRABHAT MILI R/O KAMALABARI P.O. AND PS. MAJULI ASSAM PIN 785106 Advocate for : MR B BURAGOHAIN Advocate for : MS. M B BARUAH (r-8) appearing for DR. BIJOYA CHOUDHURY AND 7 ORS BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH